UNITED STATES v. LA VALLEE

No. 231, Docket 25557.

279 F.2d 396 (1960)

UNITED STATES of America ex rel. William PETERSEN, Relator-Appellant, v. J. Edwin LA VALLEE, Warden, Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided June 1, 1960.


Attorney(s) appearing for the Case

Edward Q. Carr, The Legal Aid Society, New York City, for relator-appellant; Jules B. Gerard, New York City, of counsel.

Edward S. Silver, Dist. Atty., Kings County, Brooklyn, N. Y., and Louis Lefkowitz, Atty. Gen., State of New York, for respondent-appellee; William I. Siegel, Asst. Dist. Atty., Brooklyn, N. Y., of counsel.

Before SWAN, CLARK and FRIENDLY, Circuit Judges.


SWAN, Circuit Judge.

This is an appeal from a decision of Judge Brennan denying without a hearing the relator's petition for a writ of habeas corpus. Judge Brennan granted the certificate of probable cause required by 28 U.S.C.A. § 2253, and this court assigned counsel. Although we have not been persuaded that the decision below was erroneous, the briefs and argument on behalf of appellant have been helpfully and ably presented and the court desires to express...

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